32.1034 Convening authority to refer charge to state staff judge advocate for consideration and advice before trial; referring charge to general court-martial for trial;
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32.1034 Convening authority to refer charge to state staff judge advocate for consideration and advice before trial; referring charge to general court-martial for trial; formal corrections and changes in charges or specifications.
Sec. 34.
(1)Before directing the trial of a charge by a general court-martial, the convening authority shall refer the charge to the state staff judge advocate for consideration and advice. The convening authority shall not refer a charge to a general court-martial for trial unless the convening authority has found that the charge alleges an offense under this code and is warranted by evidence indicated in the report of the investigation.
(2)If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections and the changes in the charges or specifications as are needed to make the charges or specifications conform to the evidence may be made.
History: 1980, Act 523, Eff. Mar. 31, 1981 ;-- Am. 2024, Act 77 , Imd. Eff. July 8, 2024